Category Archives: Uncategorized

Court of appeals rejects payday lender’s claim of “tribal sovereign immunity”

The Second Circuit today decided a case involving payday lending and forced arbitration, ruling for the plaintiffs on two important issues. In Gingras v. Think Finance, Vermont residents who claim that the payday loans violate Vermont usury and consumer protection laws as well as federal laws including the RICO statute sued the operators of an […]

How can you protect your privacy online?

How can you protect your privacy online? A New York Times article today suggests that you can't. People concerned about privacy often try to be “careful” online. They stay off social media, or if they’re on it, they post cautiously. They don’t share information about their religious beliefs, personal life, health status or political views. […]

Sandy Hook, gun-maker liability, and state consumer-protection law

Take a good look at this easy-to-read, informative essay by law prof Heidi Li Feldman in the Harvard Law Review blog. In Why the Latest Ruling in the Sandy Hook Shooting Litigation Matters, Feldman explains that, among other things, the Connecticut Supreme Court's recent decision in Soto v. Bushmaster Firearms (concerning the prospect of liability for […]

NYT on the CFPB: “Mick Mulvaney’s Master Class in Destroying the Government From Within”

The New York Times has a lengthy article on Mick Mulvaney's tenure as acting director of the Consumer Financial Protection Bureau. This account of Mulvaney’s tenure is based on interviews with more than 60 current or former bureau employees, current and former Mulvaney aides, consumer advocates and financial-industry executives and lobbyists, as well as hundreds […]

Online lending company settles FTC charges of deceptive and unfair servicing practices

Avant, LLC, an online lending company, has agreed to settle the Federal Trade Commission’s charges that it engaged in deceptive and unfair loan servicing practices, including imposing unauthorized charges on consumers’ accounts and unlawfully requiring consumers to consent to automatic payments from their bank accounts. According to the FTC’s complaint, Avant offers unsecured installment loans […]

Senators introduce consumer online privacy bill

Senators Mark Warner (D-VA) and Deb Fischer (R-NE) have introduced a bill to prohibit large online platforms from using deceptive user interfaces, known as “dark patterns,” to trick consumers into handing over their personal data. Dark patterns refers to online interfaces in websites and apps designed to intentionally manipulate users into taking actions they would […]

FTC acts against Genuix “cognitive improvement” supplements

Twelve corporate and four individual defendants have settled Federal Trade Commission charges that they deceptively marketed “cognitive improvement” supplements using sham news websites containing false and unsubstantiated efficacy claims, references to non-existent clinical studies, and fraudulent consumer and celebrity endorsements. The FTC also alleged that the defendants used affiliate marketers to make deceptive claims about […]

“Issue” class actions in mass-tort multi-district litigation

Myriam Gilles and Gary Friedman have written Rediscovering the Issue Class in Mass Tort MDLs. Here's the abstract: For the past twenty-plus years, MDL transferee judges have essentially regarded the class device as unavailable as they struggle to organize masses of tort actions sent their way by the JPML. Even the badges and incidents of […]